These Terms govern:

• the use of monica-fraulini-home.com
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The person responsible for monica-fraulini-home.com is:

Monica Fraulini Home
Registered office: Via Casetti Boni, 2 - 40064 Ozzano dell'Emilia (BO)
VAT number 03970391201 - Fiscal Code FRL MNC90C70C265Y - Rea BO-559583

Owner's email address: info@monica-fraulini-home.com

• The right of withdrawal applies only to European Consumers.
• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the conditions of use of monica-fraulini-home.com set out in this section have general validity.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using monica-fraulini-home.com, the User declares to meet the following requirements:

• There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;

Content on monica-fraulini-home.com

Unless otherwise specified or clearly recognizable, all content available on monica-fraulini-home.com is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on monica-fraulini-home.com does not violate the applicable legislation or the rights of third parties. However, this result is not always possible.
In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document.

Rights to the contents of monica-fraulini-home.com

The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on monica-fraulini-home.com, to allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on monica-fraulini-home.com, the User is authorized to download, copy and/or share certain content available on monica-fraulini-home.com exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright legislation remain unaffected.

Access to external resources

Through monica-fraulini-home.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.

Permitted use

Monica-fraulini-home.com and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the sole responsibility of the User to ensure that the use of monica-fraulini-home.com and/or the Service does not violate the law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to monica-fraulini-home.com or to the Service, terminate contracts, denounce any reprehensible activity carried out through monica-fraulini-home.com or the Service to the competent authorities – p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:

• violations of law, regulation and/or the Terms;
• infringement of third party rights;
• acts that may considerably prejudice the legitimate interests of the Data Controller;
• offenses to the Owner or to a third party.

 

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on monica-fraulini-home.com as part of the service are subject to payment.

The rates, duration and conditions applicable to the sale of these Products are described below and in the respective sections of monica-fraulini-home.com.

Product Description

Prices, descriptions and availability of the Products are specified in the respective sections of monica-fraulini-home.com and are subject to change without notice.

Although the Products on monica-fraulini-home.com are presented with the greatest accuracy technically possible, the representation on monica-fraulini-home.com by any means (including, as the case may be, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each stage, from choosing the product to placing the order, is part of the purchase process.

The purchase procedure includes the following steps:

Users are requested to choose the desired Product and to verify their purchase choice.
After checking the information visible in the purchase choice, Users can place the order by submitting it.

Sending the order

Sending the order involves the following:

• The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate with consequence.
• Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on monica-fraulini-home.com:

• depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs.

Means of payment

The details relating to the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of monica-fraulini-home.com.

All payments are managed independently by third party services. Therefore, monica-fraulini-home.com does not collect payment data - such as credit card numbers - but receives a notification once the payment has been successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.

Retention of title

Until payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the addresses listed in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.

Delivery can take place in the following countries or territories: Italy and Europe.

Delivery times are indicated on monica-fraulini-home.com or during the purchase procedure.

Delivery failure

The Owner is not liable in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the courier. 'User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be charged to the User.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

• In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.

• In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good made up of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - from these appointed and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the higher cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of material goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for the decrease in the value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return shipping costs are borne by the User.

Legal guarantee of Product conformity

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on monica-fraulini-home.com in compliance with the laws of the country in which they usually reside.

The national laws of that country may grant such Users broader rights.

Consumers who are not acting as European Consumers may have rights to a guarantee of conformity under the legislation of the country in which they habitually reside.

 

Limitation of Liability and Indemnification

Common provisions

No implied waiver

Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or to any other right.

Service Interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit monica-fraulini-home.com or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of monica-fraulini-home.com.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to monica-fraulini-home.com are held exclusively by the Owner or by its licensors and are protected under international laws and treaties applicable to intellectual property.

All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with monica-fraulini-home.com are and remain the exclusive property of the Owner or its licensors and are protected under international legislation and treaties applicable to intellectual property.

Changes to Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will affect the relationship with the User only for the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of monica-fraulini-home.com must be sent to the addresses indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be enforced to the fullest extent permitted by law.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably.
In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules.

Exception for European Consumers

However, regardless of the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of monica-fraulini-home.com or to the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document .

The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned.

The Data Controller will process the request without undue delay and within 30 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements.

Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.